strict scrutiny

Strict Scrutiny Under The Eighth Amendment

Florida State University Law Review (2013)

The basic principle of the Supreme Court’s interpretation of the Eighth Amendment is that the phrase “cruel and unusual” must draw its meaning from “the evolving standards of decency that mark the progress of a maturing society.” To implement this principle, the Court has considered whether “objective indicia” of prevailing com-munity norms...

Unconstitutional Incarceration: Applying Strict Scrutiny to Criminal Sentences

The Yale Law Journal (2020)

The deprivation of a fundamental right triggers strict scrutiny, and freedom from physical restraint is a fundamental right. Indeed, the right to be free from physical restraint lies at the very core of the liberty protected by the Due Process Clause. In the contexts of pretrial detention and civil commitment, courts hold...